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The case involved a 42 year old man who underwent a colonoscopy at a Bronx Hospital. During the procedure, the doctor caused several small perforations and then ignored our client’s complaints of pain and sent him home. This delay in diagnosis allowed his condition to worsen and led to the need for emergency surgery. Our client required removal of a portion of his colon and the creation of a colostomy. He also endured subsequent surgeries to reverse his colostomy and to repair abdominal hernias that developed due to his multiple operations. The case was tried because the defendant doctor refused to consent to settle the case.

$6,000,000 Settlement — Medical Malpractice, Queens

Errors by several doctors in diagnosis and treatment led to a long period of suffering and ultimately the death of the cherished husband of our client. This 49-year-old man, who was also the father of two young daughters, had a history of asymptomatic heart valve disease when he was presented to the defendant doctors over a period of two months with complaints of pain and high fever. With the help of experts we retained in Internal Medicine, Cardiology, Pulmonary Medicine and Infectious Diseases, our office was able to prove that a mistaken diagnosis was made by the first doctor the deceased saw and then followed by his other doctors. We established that as a result of these doctors’ negligence, he developed a severe heart infection with numerous horrific complications. Our ability to prove that his death from a pulmonary embolus nine months later was caused by the doctors’ earlier mistakes, led to a very substantial settlement that will provide his family with the resources to completely fund his daughters’ education and otherwise dramatically improve the quality of their lives in his absence.

$4,980,000 Jury Verdict — Motor Vehicle Accident, Brooklyn

The plaintiff was a front seat passenger in a vehicle that was rear-ended by the defendant. The plaintiff sustained a tear to posterior tibial tendon, ankle injury, and spinal injury. After the jury heard the evidence they were convinced that the defendant was negligent and awarded this substantial verdict.

$4,200,000 Settlement – Construction Accident, Labor Law, Manhattan

Our client, a 47 year-old member of the International Union of Operating Engineers Local 14-14B, sustained significant injuries to his ankle, elbow, neck, back, and shoulder, requiring three surgeries and leaving the plaintiff permanently disabled. While working on the loading dock of a large apartment building construction project, the plaintiff leaned against a guard rail which unbeknownst to him had been unbolted to accommodate material deliveries to the site, and he fell to the roadway below. The site owners attempted to blame the plaintiff himself for failing to properly supervise the loading dock, but after the Court granted summary judgment to the plaintiff under Labor Law Section 240(1), the defendants agreed to mediation and a settlement was reached securing the financial future of our client.

$3,500,000 Jury Verdict — Dental Malpractice, Manhattan

The plaintiff was caused to have trigeminal neuralgia as a result of a dentist’s removal of a filling and his placing of an acid etch preparation which leaked into the pulp chamber. The Plaintiff’s temporomandibular joint dysfunction was also aggravated, she was caused to have an abortion due to possible side effects of drugs she was taking, and she suffered a pseudo-heart attack when she stopped taking the prescribed pain medication. Upon hearing all of the evidence, the jury awarded the jury verdict for past and future pain and suffering.

$3,300,000 Settlement — Medical Malpractice, Queens

$3,100,000 Settlement — Leg Amputation, Queens

An airport baggage handler was struck by a luggage cart being driven by another handler which tragically resulted in his right leg being amputated at the knee joint. He came to our firm for advice on a workers compensation claim, having been previously told this was his only remedy. We did not accept this at face value and conducted an investigation which revealed that the driver of the luggage cart was not an employee of the airline in which our client worked for, but was rather employed by a subcontractor who was hired to assist with the baggage handling operation. By identifying a target defendant who the law allowed to be sued, we took our client from zero damages to a three million dollar settlement.

The plaintiff was working on Hell’s Gate Bridge when the scaffold he was standing on broke, causing him to fall 60 feet and sustain severe brain injuries. The Plaintiff was not provided with any safety lines, tie-lines, or safety nets in violation of OSHA regulations. The case case settled before the start of trial.

$3,000,000 Settlement — Construction Accident, Labor Law, Queens

The plaintiff, a 55 year old Electrical Worker’s Union Local 3 electrician sustained serious injuries to his legs and feet when a switch gear he was hoisting at a construction site slipped out of the hoisting straps and fell over onto the plaintiff’s legs. The plaintiff suffered serious fractures to his legs and feet requiring five surgeries to repair, and leaving him permanently disabled. The City of New York and general contractor tried to have the case dismissed, arguing that the plaintiff was the sole cause of his own accident, since he was the one who secured the straps and performed the hoisting. Using affidavits from construction experts we hired to examine and analyze how the accident occurred, we not only convinced the court that the defendants were wrong in their application of the law, but we were able to convince the court that it was the plaintiff who was entitled to summary judgment under Labor Law Sec. 240, and the court agreed, granting judgment to the plaintiff on the issue of liability. Just before the case was to proceed to trial on damages, the settlement was reached, securing the financial future for our client and his family.

$2,900,000 Settlement — Construction Accident, Labor Law, Bronx

The plaintiff, a 54 year old District Council 9 Union painter suffered a broken knee, torn meniscus and broken foot when he ten feet fell from a ladder while painting the outside of a building in a new shopping center. When our client reported to the worksite to perform touch up painting there were no ladders available for him to use, so the project foreman told him to scour the worksite and find a ladder. All the painter could find was the top half of a broken extension ladder which had no feet, and while painting, the bottom of the ladder slid out causing him to fall to the ground. Despite two surgeries to repair the injuries, our client was found to be permanently disabled and was unable to return to work. We were able to win summary judgment against the owner and general contractor under Labor Law sections 240 and 241, and the defendants then chose to settle the case rather than go to trial on damages.

$2,800,000 Jury Verdict — Police Brutality, Bronx

Our client was a victim twice on this terrible night. Returning home from work on New Years Eve he was mugged on a subway train. The muggers escaped through the crowds and as he was on the subway platform, bleeding from the mugging, the police approached and treated him like he was the criminal. He was badly beaten again by the police, handcuffed and brought to a holding cell where he was tied with electrical cord and placed in a body bag being used as a restraint. The police charged him with resisting arrest and disorderly conduct. This firm first defended him at his criminal trial and although it was his word against five police officers, we won an acquittal. We then sued the police and Transit Authority for false arrest and brutality and won a huge victory for this young man.

$2,750,000 Settlement — Object Thrown From Building, Bronx

In an act of madness a stone was thrown from the roof of a building in the Bronx, striking a young woman in the head, causing her to become paralyzed on one side of her body. Although the police never arrested anyone for this action our firm accepted the case. An exhaustive investigation established that the owner of the building knew non-residents congregated on the roof, that things had been thrown from the roof before and that the stone that struck our client had been used by the superintendent to prop open the roof door, a violation of city regulations. Exhaustive interviews with people in the neighborhood revealed who had thrown the stone. This information was reported to the police and the insurance company. The landlord paid our client a settlement consisting of a large cash payment up front and monthly payments for the rest of her life.

$2,700,000 Settlement — Medical Malpractice, Brooklyn

Joy turned quickly to crushing loss for our client after his 29-year-old wife delivered their second child. Bleeding that was noted during her cesarean section was not adequately controlled and lab tests showing continued blood loss were ignored until she developed severe anemia and suffered a heart attack. By immediately arranging, at our expense, for a pathologist to perform an independent autopsy and by quickly consulting our obstetrics expert, we were able to establish that transfusions and a re-operation should have occurred hours earlier and would have prevented her death from cardiac arrest. With the information obtained from our independent autopsy and our OB/GYN expert, we were able to convince the doctors’ attorney to agree to settle this case in the extraordinarily short time of less than one year after her tragic death for an amount that will allow the education of her children in private primary schools and college.

Our client, a member of the Union of Operating Engineers was operating a forklift during the excavation of a prominent entertainment venue in NYC. A one-of-a-kind material hoist at the site collapsed under him, dropping him to the bottom of the excavation and causing devastating injuries. The insurance company for the contractor responsible for the hoist refused to settle for an amount we thought was fair. The case was tried to a jury verdict, which was more than triple the settlement offer. The defendants appealed and the Appellate Court affirmed the verdict finding the evidence we produced at trial was exhaustive and totally persuasive on the seriousness of our client’s injuries.

$2,500,000 Settlement – Construction Accident, Labor Law, Manhattan

The plaintiff, a 42 year-old IBEW Local 3 Electrician, was in a 100 year-old freight elevator with more than a dozen other construction workers, when the elevator fell four stories to the basement. Most of the construction workers sustained serious injuries, including our client who sustained injuries to his shoulder requiring surgery, and aggravation of pre-existing back injury. Our client returned to work and had a subsequent accident with serious back injuries, which led to his permanent total disability. Using medical and elevator experts, we were able to convince a mediator and the insurance company that we would be able to prove to a jury that the first accident left our client’s back in a weakened condition which ultimately led to the serious back injury almost two years after the first accident.

$2,500,000 Settlement – Construction Accident, Labor Law, Manhattan

Our client, a 47 year-old tiling supervisor was walking the construction site at a large Manhattan Hotel renovation project, when he stepped onto a piece of sheetrock that was being used to cover a floor penetration. The sheetrock crumbled under his weight and his leg fell into the opening causing his body to fold in half causing serious injuries to his leg, hip and back, requiring two surgeries. The hotel owner, general contractor and carpentry company responsible for protecting floor openings blamed my client and his company for this impermissible use of sheetrock to cover floor openings, but we were able to convince the Court that it was the owner and general contractor that were responsible, and the Court granted plaintiff summary judgment under Labor Law Sections 240(1) and 241(6). Shortly thereafter the case was settled.

$2,250,000 Settlement — Airline Crash, Federal Court

Retained by the family of a mother of four who lost her life aboard American Airlines Flight 587, the firm gathered information and documentation to show how this hard-working single parent had supported her family and how devastating her loss was to them. The case settled without a trial.

$2,100,000 Jury Verdict — Trip and Fall Accident, Brooklyn

A decrepit steel plate in a city sidewalk covering a vault caused our client, a private waste hauler, to trip and injure his back. This hard worker suffered two herniated discs in his lumbar spine which resulted in major surgery – a two-level disc fusion with the insertion of titanium plates to stabilize his spine. The City of New York which owned the sidewalk, The New York City Transit Authority which owned an elevated subway line above the accident site and the abutting private landowner all denied ownership of the metal plate or responsibility for its condition. An exhaustive investigation using engineers, the examination of a decade old City plan, schematics and no small amount of dogged persistence uncovered evidence that the plate and vault below it was owned by the New York City Transit Authority. A jury awarded damages for pain and suffering, lost income and medical expenses, both in the past and in the future to compensate this disabled worker.

$1,600,000 Settlement — Motor Vehicle Accident, Rockland

Wrongful death action where the decedent’s last words were “Tell my wife and kids I love them.”

$1,500,000 Settlement — 8 Year Old Girl Falls Through Skylight on Roof Playground of School, Brooklyn

An 8 year old student at a yeshiva in Brooklyn fell through an open skylight on the roof playground of her school while out at recess with her classmates. The skylight, which was used as part of wedding ceremonies by the catering hall that rented space in the school, had not been fully closed, and when a ball bounced into the enclosure which surrounded the skylight, the little girl climbed over the 42 inch fence, in full view of her teachers, and fell approximately thirty feet down to the floor below suffering multiple fractures and requiring several surgeries. Both the school and the catering hall made motions to dismiss the case arguing that the accident was the fault of the other, but we successfully argued that the accident was both their faults and the motions were denied. The case then proceeded to trial and following jury selection, the case was settled.

A special-needs student became separated from her class on a field trip, wandered away and became the victim of a heartless assault. The firm proved that the procedures required to insure the security of these students were not followed and a substantial settlement was placed in trust for this young woman.

Our 75 year old client developed an infection when her dental bridge detached on one end. Before beginning the repair work, her dentist took x-rays in which the infection was identifiable, but he failed to recognize the infection and took no steps to treat it. Without treatment the infection worsened and traveled to her brain, finally requiring a craniotomy to remove the infected brain tissue. The insurance company refused to make any settlement offer and after we proved to the jury that the signs of infection were present in the first x-ray the dentist took, and that had he taken a second x-ray with the bridge removed he would have clearly seen the infection, the jury returned its verdict in favor of our client.

Our Client, a union roofer, sustained serious back injuries when he fell from the roof of the state prison in Fishkill, New York while making repairs. The client required a spinal fusion and was unable to return to work as a roofer. We sued the State of New York, who owned the prison, in the Court of Claims alleging violations of New York Labor Law Sections 240(1) and 241(6), because our client was not provided with adequate safety harnesses and other protection to prevent him from falling off the roof.

An 80 year old woman was walking home on Jewel Avenue in Forest Hills when she was hit by an SUV as she crossed within the crosswalk. The SUV driver was stopped at a stop sign waiting to make right turn onto Jewel Avenue and was looking to her left for an opening in traffic. When the driver spotted an opening to her left, she proceeded to roll forward into the crosswalk without looking forward to see if any pedestrians were crossing in front of her. Our client sustained fractures to her elbow and knee and required surgery on her elbow. The driver attempted to blame the accident on our client for walking in front of her stopped vehicle and offered a $250,000 settlement which we rejected. We were able to convince the Court that the accident was entirely the fault of the driver, and after the Court’s ruling in our favor, the insurance company agreed to mediation where a $1,250,000 settlement was reached.

A union painter performing a very dangerous job suffered disabling injuries when the electrical connection on a sandblaster shorted out and the machine turned on in a confined space. The defendants argued our clients own negligence caused the accident. This firm retained a Professor of Electrical Engineering as an expert and presented evidence in Court that the sand blasters electrical connections were inadequately protected and wear and tear on the machine which the owners were aware of caused the malfunction. After the presentation of this evidence in front of a jury, the defendants settled the case.

Our client was struck in the head and neck by a flying piece of plywood, causing a herniated cervical disc and resulting in a laminectomy and fusion surgery. Sheets of plywood stacked on the exterior of a Home Depot Store were not properly secured. A strong wind blew one of the sheets, which became a projectile flying through the parking lot and into our client. An exhaustive investigation by this firm to identify the employees present, including some no longer employed, resulted in evidence sufficient to hold the store liable for its negligence. Evidence from two orthopedic surgeons, an economist and a vocational rehabilitation specialist was presented to a jury in Federal court to obtain this substantial verdict.

$1,000,000 Jury Verdict — Motor Vehicle Accident, Brooklyn

Our client was one of a group of young people returning from a club, late at night, on the Brooklyn-Queens Expressway. There were six people in a car that only had seats for five. Our client ended up sitting on the console dividing the front seats. When the driver lost control of the car a terrible crash occurred. The insurance company for the car denied our client’s claim for damages, using a “seat belt defense” and arguing our client was responsible for the seriousness of her injuries because she put herself in a dangerous position in the car. The insurance company spared no expense and hired accident reconstruction and bio-mechanical experts to testify our clients fractured femur, which required surgery, would not have occurred if a seat belt was used. Our legal research revealed a seat belt must be available for use before the “seat belt defense” could be used. The expert testimony was precluded and we won a large jury award for our client.

$1,000,000 Settlement — Motor Vehicle Accident, Bronx

Our client, a young man working his way thorough college as a taxi driver, was terribly injured when the cab he was driving was broadsided by a private garbage truck. His injuries were so severe he had no recollection of the accident at all. The driver of the garbage truck testified our client had gone through a red light causing the accident. Testimony from multiple eyewitnesses resulted in conflicting versions of what had occurred. Using an accident reconstruction expert and vigorous advocacy on behalf of our client we obtained the entire insurance policy available for our client in this case.

$1,000,000 Settlement — Motor Vehicle Accident, Bronx

Our client, a young man working his way thorough college as a taxi driver, was terribly injured when the cab he was driving was broadsided by a private garbage truck. His injuries were so severe he had no recollection of the accident at all. The driver of the garbage truck testified our client had gone through a red light causing the accident. Testimony from multiple eyewitnesses resulted in conflicting versions of what had occurred. Using an accident reconstruction expert and vigorous advocacy on behalf of our client we obtained the entire insurance policy available for our client in this case.

$875,000 Settlement — Motor Vehicle Accident, Brooklyn

This was an extremely difficult case involving an intersection accident between a Transit Authority Bus and our client. The TA defended the case by alleging our client was intoxicated and speeding and caused the accident himself. A thorough investigation and accident reconstruction revealed the bus had passed through a stop sign and left skid marks on the roadway as it braked to avoid the accident. We were able to argue that our client had no opportunity to avoid the accident, that he obeyed all rules of the road and his blood alcohol level was not a factor in the accident. A jury ruled in our favor on liability and the case promptly settled.

$652,000 Jury Verdict — Trip and Fall in Supermarket, Rockland County

A negligent employer at an A&P Supermarket placed a stock cart behind our client without notifying her. When she turned from a display case she tripped over it, injuring her knee which required arthroscopic surgery. Although the employee was never identified by the store, we were able to convince a jury that they were negligent and won an excellent verdict.

$600,000 Settlement — Pedestrian Hit By New York City Transit Authority Bus, Brooklyn

A New York City Transit Authority Bus making a left turn struck our client who was crossing in the crosswalk. Bus driver claimed the client was not in the crosswalk and that client was in the bus’s “blind spot”. Client suffered fractures to the bones around his eye requiring the insertion of metal plates and several broken ribs. The Transit Authority blamed our client right up to the time of jury selection, when they finally realized we intended to take a verdict and made an acceptable settlement offer.

$500,000 Settlement — Carbon Monoxide Poisoning, Bronx

Plaintiff was a sanitation worker who, while operating a mechanical broom sweeper for the New York City Department of Sanitation, was exposed to excessive levels of carbon monoxide. As a result, the plaintiff developed carbon monoxide poisoning and suffered severe psychological problems. The action was settled in the New York City’s Early Settlement Unit.

$460,000 Settlement — Product Liability, Manhattan

Plaintiff was a carpenter who was injured while operating a miter saw. As he pulled the saw carriage down to make a cut in a piece of molding, the molding slipped and the saw blade injured his left hand. The defendant failed to provide plaintiff with a clamp to use with the saw, the saw failed to incorporate a work-piece vise as standard equipment, and there were no on-product warnings relating to the minimum safe distance that a user should maintain from the saw blade. Three of the defendants contributed to the settlement.

Plaintiff, a carpenter, was struck by a plasterboard that had fallen out of a hoisted bundle. The accident occurred while the bundled plasterboard was being transported via a boom that was attached to a truck, which was being operated by Strober Building Supply, one of defendant companies in the case. The jury heard the evidence on liability only and found that Strober Building Supply’s driver was entirely liable for the accident. Prior to the scheduled start of the trial’s damages phase, the parties negotiated a settlement.

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The content of this website has been prepared by Friedman, Levy Goldfarb, Green, P.C., New York Injury Attorneys. This site is intended to be used for informational purposes only and should not be construed as legal advice. The material posted on this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional counsel. This website contains attorney advertising. Prior results do not guarantee a similar outcome.